Estates in Land

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What is the difference between a freehold estate and a non-freehold estate?

Freehold estate: Owner of the estate has title to or a right to hold the property

Non-freehold estate: Mere possessory interest

Types of Freehold Estates

Fee Simple Absolute

Defeasible Estates

Life Estate

Fee Simple Absolute

Aggregate of all possible rights that a person may have in a parcel of land, including:

- An unimpeded right to sell/convey all or part of the property

- An unimpeded right to devise the property

Words of purchase

Describes persons ("purchasers") taking interest under a grant or device

Words of limitation

Describes the nature of the estate taken by purchasers

Definition of Defeasible Estates

An estate that may terminate before the maximum duration has run

Types of Defeasible Estates

Fee Simple Determinable

Fee Simple Subject to a Condition Subsequent

Fee Simple Subject to Executory Interest

Fee Tail

Definition of Fee Simple Determinable

An estate that terminates automatically when a specified future event occurs

What follows a determinable estate?

Possibility of reverter (may be implied)

Definition of Fee Simple Subject to a Condition Subsequent

An estate that may be cut short if the estate is retaken by the grantor or a third party when a specified future event occurs

Distinguish determinable from condition subsequent

Condition subsequent grants a right to take the estate

Determinable automatically terminates an estate

Definition of Fee Simple Subject to an Executory Interest

An estate that is automatically divested in favor of a third person when a specified future event occurs

Definition of Fee Tail

A freehold estate that descends to grantee's lineal descendants (children) only

Early Common Law

What follows a fee tail?

Either reversion in grantor; or

Remainder in a third party

Future interst becomes possessory if and when the lineal line fails

What is the modern law majority interpretation of traditional fee tail language ("to A and the heirs of his body")? What is the minority interpretation?

Majority: grantee gets a fee simple absolute

Minority: grantee gets a life estate, with a remainder per stirpes in the grantee's lineal descendants in being at the time of the life tenant's death

If the language of a grant is unclear, a _______ is preferred over a ________estate because the award is money damages rather than forfeiture

Covenant; Defeasible

If the language of a grant is unclear, a fee simple ________ is preferred over a fee simple _________ because in the former, forfeiture is not automatic

Condition subsequent; determinable

What is a life estate pur autre vie?

A life estate which has a duration measured by a life other than that of the grantee

Who has a duty to repair?

Life tenant

Tenant for term of years

The scope of a life tenant's duty to repair is as follows:

A duty to maintain the property in a ________ state of repair, but ordinary _____________ are excepted. The duty is limited to the extent of ________, or if he personally _occupies the premises, to the extent of ___________ of the land.

reasonable;

wear and tear;

income derived;

the reasonable rental value of the land

The scope of a tenant for term of years' duty of repair?

A duty to maintain the property in a ________ state of repair, but ordinary _____________ are excepted. The duty is not limited to the extent of ________, or ____________.

reasonable;

wear and tear;

income derived;

reasonable rent value

What duties does a life tenant have?

Duty to repair

Duty to pay interest ona mortgage to the extent of profits derived from the property

Duty to pay all ordinary taxes, to the extent of profits derived from the property